Convention on the Rights of the Child Justice Renate Winter.

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Presentation transcript:

Convention on the Rights of the Child Justice Renate Winter

Convention on the Rights of the Child Art. 40 Promotion of diversion States Parties seek to promote whenever appropriate and desirable measures for dealing with children without resorting to judicial proceedings providing that human rights and legal safeguards are fully respected

Alternative measures Resolve Conflicts Establish Peace Question the exclusive rights of the state for punishment Are embedded in the traditions of the state Before trial: Instead of procedure Diversion During trial: Instead of condemnation After trial: Instead of sanction

Develop a variety of dispositions such as: Care Guidance Supervision orders Counseling Probation Foster Care Education Vocational training programmes Alternatives to institutional care

OffencePolice Prosecutor Closure of the file Decision forDemand for a without reaction mediationpenalty Judge Court session Mediation Victim Offender Compensation -Emotional level -Material level Written contract / report to the mandator (Prosecutor / judge) Mediation succeded Mediation not succeded → File closed → Continuing court session

How to realise this goal Special legislation providing for… Alternatives To procedure To sentencing To punishment To enforcement Network of institutions Non-institutional NGOs Social services Institutional open facilities halfway houses Correctional centres detention centres special clinics (drugs) Training Police Judiciary Lawyers Social workers prison staff media Civil society Separated Together Regular meetings

Justice Retributive Violation of law Culpability Punishment Orientation: past Punishment to add wrong to wrong Perpetrator is denounced Justice divides Needs of victim neglected Trial separates parties Wrong caused by perpetrator balanced by wrong for him State has monopoly to deal with wrongdoing Restorative Of persons / relations Responsibility Reparation Future For restitution for wrong Wrong is denounced Perpetrator is denounced Justice unites Needs are central Reconciles parties Balanced by positive act (ion) Role perpetrator, victim, community recognised